First, how should any unit or individual handle the patent of others?
1. Any unit or individual that exploits another person's patent shall conclude an exploitation license contract with the patentee and pay the patentee the exploitation fee. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent.
2. Legal basis: People's Republic of China (PRC) Patent Law.
Article 12
Any unit or individual that exploits another person's patent shall conclude an exploitation license contract with the patentee and pay the patentee the royalties. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent.
Second, what are the ways of patent licensing?
Patent licensing includes the following ways:
Exclusive licensing means that the licensor licenses the patent to only one assignee within the agreed scope, and the licensor may not exploit the patent according to the agreement;
Exclusive license means that the licensor licenses the patent to only one assignee within the agreed license scope, but the licensor can exploit the patent by itself according to the agreement;
General license means that the licensor permits others to exploit the patent within the agreed scope of license, and can exploit the patent by himself.
If there is no agreement or unclear agreement between the parties on the way of patent exploitation license, it shall be regarded as a general exploitation license. Where the patent exploitation license contract stipulates that the assignee may sublicense others to exploit the patent, such sublicense shall be regarded as a general exploitation license, unless otherwise agreed by the parties.
According to the provisions of the Patent Law, any unit or individual who exploits another person's patent shall conclude a licensing contract with the patentee and pay the patentee the royalties. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent.